MHCO Columns

Oregon Chief Justice Order Extending Certain Time Periods For FEDs

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Phil Querin
Querin Law
MHCO Legal Counsel

 

On August 19, 2021, the Oregon Supreme Court issued Chief Justice Order #21-031 (“CJO 21-031”) which extends certain statutory time periods for FED/Eviction actions. The CJO went into effect immediately and remains so until 60-days after the end of Oregon’s COVID State of Emergency or until the Chief Justice so orders. As of now the Governor’s declared State of Emergency is in effect until December 31, 2021.

 

The CJO only alters the timeframe for FED proceedings under ORS 105.110. It has no effect on any of the Eviction Moratoria or Safe Harbor provisions created by the Oregon Legislature.

 

The CJO 21-031 makes the following temporary changes:

 

  1. It extends the usual 7-day window for scheduling a First Appearance under ORS 105.135(2). 
    1. Now, the First Appearances in an FED for Nonpaymentwill be scheduled 21 days after the filing of the eviction action. If a judge is not available at the 21stday the court clerk will have up to seven (7) additional days to schedule the first appearance. 
    2. The First appearances for all other FED actionswill be scheduled within 14 days of filing of the summons and complaint.
  2. If the eviction proceeding goes to a trial, the CJO extends the normal 15-day window under ORS 105.137(6)as follows:
    1. FED trials Nonpayment must be scheduled no earlier than 20 days and no later than 30 days of the First Appearance.
    2. Trial for all other FEDs will be scheduled within 30 days.

 

 

 

FEDs for Non-Payment

All Other FEDs

First Appearance

21 days after the next judicial day following the payment of filing fees.

 

(If no judge available on the 21st day, clerk has up to seven (7) extra days to schedule First Appearance.)

Within 14 days after the next judicial day following the payment of filing fees.

Trial (if necessary)

No earlier than 20 days after the First Appearance, and no later than 30 days.

Within 30 days of the First Appearance.

 

Additionally, CJO 21-031 provides that attorneys representing any party in the first appearance in an FED may continue to appear remotely without first filing a motion with the court.